BOARD OF ZONING ADJUSTMENT

AGENDA

August 27, 2013

TABLE OF CONTENTS MINUTES JULY 30, 2013 ......................................................................................................................................... 3

AGENDA AUGUST 27, 2013 .................................................................................................................................. 13

CASE NO 1 2710 SUMMERWIND DR SE ............................................................................................................... 15

QUESTIONNAIRE .................................................................................................................................................. 16

LOCATION MAP 2710 SUMMERWIND DR SE .......................................................................................................... 17

CASE NO 2 1309 STUART AVE SW ........................................................................................................................ 18

QUESTIONNAIE ....................................................................................................................................................... 19 LOCATION MAP 1309 STUART AVE SW ................................................................................................................... 20

CASE NO 3 2001 PARK TERRACE SE ..................................................................................................................... 21

QUESTIONNAIRE ..................................................................................................................................................... 22 LOCATION MAP 2001 PARK TERRACE SE ................................................................................................................ 23

CASE NO 4 2002 13TH ST SE .................................................................................................................................. 24

QUESTIONNAIRE ..................................................................................................................................................... 25 LOCATION MAP 2002 13TH ST SE ............................................................................................................................. 26

CASE NO 5 1713 IRIS ST SW ................................................................................................................................. 27

QUESTIONNAIRE ..................................................................................................................................................... 28 LOCATION MAP 1713 IRIS ST SW ............................................................................................................................ 29

CASE NO 6 1503 CHESTNUT ST SE ........................................................................................................................ 30

QUESTIONNAIRE ..................................................................................................................................................... 31 LOCATION MAP 1503 CHESTNUT ST SE .................................................................................................................. 32

CASE NO 7 2625 BUCKINGHAM GATE SW ........................................................................................................... 33

QUESTIONNAIRE ..................................................................................................................................................... 34 LOCATION MAP 2625 BUCKINGHAM GATE SW ...................................................................................................... 35

CASE NO 8 516 CAROLYN ST SW .......................................................................................................................... 36

QUESTIONNAIRE ..................................................................................................................................................... 37 LOCATION MAP 516 CAROLYN ST SW ..................................................................................................................... 38

CASE NO 9 1917 7TH ST SE .................................................................................................................................... 39

QUESTIONNAIRE ..................................................................................................................................................... 40 LOCATION MAP 1917 7TH ST SE ............................................................................................................................... 41

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MINUTES JULY 30, 2013

MEMBERS PRESENT: Chairman Kent Lawrence, Messrs. , Mr. Larry Waye, Mr. George

Barran, Mr. Greg Dobbs and Ms. Frances Tate SUPERNUMERARIES: Ms. Sally Jo Green and Mr. Mike Harris OTHERS PRESENT: Mr. Bob Sims, Inspector Mr. Wally Terry, Director …..and Custodian of Records Mr. Herman Marks, City Attorney Mr. Chip Alexander, Assistant City Attorney Ms. Karen Smith, Planner Mr. Ben Montgomery, Daily Reporter Ms. Judy Bosworth, Recorder Chairman Kent Lawrence called the meeting to order at 4:00 p.m. in the Council Chambers at City Hall. Mr. Bob Sims called the roll. Ms. George Barran moved to approve the minutes of the June meeting as printed. Ms. Frances Tate seconded the motion. On a voice vote, the motion carried. The Board considered the following applications and appeals. CASE NO 1 Application and appeal of Keithan Swoopes for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a residential and commercial janitorial service at 707 Vine St NW, property located in a R-3 Single-Family Zoning District. Mr. Keithan Swoopes presented this case to the Board. Mr. Swoopes stated he would like a home office for his cleaning service and club management business. Mr. Swoopes also stated he would have a magnetic sign on his vehicle but no address on it. Mr. Swoopes stated there would be no employees and the supplies would be kept in his garage. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval Mr. George Barran moved to approve this home occupation request as submitted. Mr. Larry Waye seconded the motion. On a roll-call vote, the motion carried.

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CASE NO 2 Application and appeal of Michael Sohn for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a lawn care business at 1221 Darrowby LN SW, property located in a R-2 Single-Family Zoning District. Mr. Michael Sohn presented this case to the Board. Mr. Sohn stated he would like a home office for a lawn care business. Mr. Sohn further stated he would keep his enclosed trailer in the back yard in the gated area. Mr. Sohn also explained he would have a magnetic sign but no address on it. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Mr. Larry Waye moved to approve this home occupation request as submitted. Ms. Frances Tate seconded the motion. On a roll-call vote, the motion carried. CASE NO 3 Application and appeal of Luis Rodriguez for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a residential painting business at 921 Carridale ST SW, property located in a R-2 Single-Family Zoning District. Mr. Luis Rodriguez and his interpreter Yadi Sanchez presented this case to the Board. Mr. Rodriguez stated he would like an administrative office for a painting business. Mr. Rodriguez stated he would like to have employees in the future. The Board explained in detail to Mr. Sanchez through the interpreter that employees could only meet him on the job; they could not report to the house unless they lived with him. Mr. Rodriguez acknowledged he understood. Mr. Rodriguez stated his equipment would be kept in his garage. Mr. Sims stated the Building Department would recommend approval as long as Mr. Rodriguez understood this was for administrative office only. Ms. Smith stated the Planning Department would recommend approval. Mr. George Barran moved to approve this home occupation as submitted. Mr. Larry Waye seconded the motion. On a roll-call vote, the motion carried.

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CASE NO 4 Application and appeal of Lawrence & Felicia Shackelford for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a renovation business at 3314 Cedarhurst Dr SW, property located in a R-2 Single-Family Zoning District. Lawrence & Felicia Shackelford presented this case to the Board. Mr. Shackelford stated they would like and administrative office to rehab houses and run a management service. Mr. Lawrence also stated there would be no traffic to their home. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Mr. Larry Waye moved to approve this home occupation request as submitted. Ms. Frances Tate seconded the motion. On a roll-call vote, the motion carried. CASE NO 5 Application and appeal of Marto Sanchez for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a lawn care service at 1705 Leeann ST SW, property located in a R-2 Single-Family Zoning District. Mr. Marto Sanchez and daughter/interpreter Yadi Sanchez presented this case to the Board. Mr. Sanchez stated he would like an administrative office for a lawn care business. Mr. Sanchez also stated their equipment would be stored in the garage, there would be no increase in traffic and he would have a magnetic sign with no address on his vehicle. Mr. Sanchez also stated he has two employees who are family but do not live with him; they will report to the job site. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Mr. Larry Waye Moved to approve this home occupation request as submitted. Mr. Greg Dobbs seconded the motion. On a roll-call vote, the motion carried. CASE NO 6 Application and appeal of Patrick Haughaboo for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a special events service at 915 8th Ave SE, property located in a R-3 Single-Family Zoning District.

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Mr. Patrick Haughaboo presented this case to the Board. Mr. Haughaboo stated he would like an administrative office for a special events business . Mr. Haughaboo explained he would take his chocolate fountain to weddings and other special events. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Mr. George Barran moved to approve this home occupation request as submitted. Ms. Frances Tate seconded the motion. On a roll-call vote, the motion carried. CASE NO 7 Application and appeal of Cassandra D. Thrower for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a keepsake4life business at 2204 Brighton St SW, property located in a R-2 Single-Family Zoning District. Cassandra D. Thrower presented this case to the Board. Ms. Thrower stated she would like to have an administrative office for her Keepsake4Life business. Ms. Thrower explained she would take pictures and put them in a DVD format for her customers. Ms. Thrower also stated the pictures would be taken off-site and then uploaded via computer. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Ms. Frances Tate moved to approve this home occupation request as submitted. Mr. Greg Dobbs seconded the motion . On a roll-call vote, the motion carried. CASE NO 8 Application and appeal of Tajwana Willingham for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a face painting business at 2154 Westbury CT SW, property located in a R-6 Single-Family Zoning District. Ms. Tajwana Willingham presented this case to the Board. Ms. Willingham stated she would like an administrative office for an off-site face painting business. Ms. Willingham stated she would go to different venues to perform the face painting. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval.

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Mr. Larry Waye moved to approve this home occupation request as submitted. Ms. Frances Tate seconded the motion. On a roll-call vote, the motion carried. CASE NO 9 Application and appeal of Clintmiss, LLC for a seven space parking variance to Section 25-16(2)(f) of the Zoning Ordinance in order to construct a restaurant at 410 Grant ST SE, property located in a B-2 General Business Zoning District. Mr. Ben Williams of Clintmiss, LLC presented this case to the Board. Mr. Clintmiss stated his company would like to construct a Zaxby’s on a lot in downtown Decatur which is seven spaces short of the required amount the Zoning Ordinance requires. Mr. Williams stated they could only get twenty-four spaces on the lot but there is additional parking on the street. Mr. Williams also explained the parking lot across the street is owned by AT & T and they are not interested in selling. Mr. Williams stated a large amount of their business is drive-thru. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Mr. Greg Dobbs moved to approve this variance request as submitted. Ms. Frances Tate seconded the motion. On a roll-call vote, the motion carried. CASE NO 10 Application and appeal of Herb and Tracy Lundy for relief from an administrative decision by the Building Director to Section 25-13 of the Zoning Ordinance to be able to continue usage of a non-conforming structure at 852 Moulton St E, property located in a R-3 Single-Family Zoning District. Mr. and Mrs. Herb Lundy presented this case to the Board. Mr. Lundy stated he and his wife purchased a structure as a duplex and they want to be able to continue using as a duplex. Mr. Lundy also stated that one half was occupied and they would like to remodel the other side and rent it out also. Mr. Lundy also stated it had two separate meters and as far as he knew had always been a duplex. Mr. Lundy further stated they did not know at time of purchase there was going to be any problem with continuing as a duplex in a Single-Family Zoning District. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department had no comment. Mr. George Barran moved to approve this appeal of an administrative decision as submitted. Mr. Larry Waye seconded the motion. On a roll-call vote, the motion carried.

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CASE NO 11 Application and appeal of Sabrina Taylor for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have a home day care for six children or less from 5 a.m., to 5 p.m., at 911 Routon Dr SW, property located in a R-2 Single-Family Zoning District. Ms. Sabrina Taylor presented this case to the Board. Ms. Taylor stated she would like to have a home day care to keep six children. Ms. Taylor also stated her neighbors did not have a problem with it. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Mr. Larry Waye moved to approve this request as submitted. Ms. Frances Tate seconded the motion. On a roll-call vote, the motion carried. CASE NO 12 Application and appeal of John Tucker for a 1 foot side yard setback variance to Section 25-10 of the Zoning Ordinance in order to construct an addition at 828 Jackson ST SE, property located in a R-3H Single-Family Zoning District. Mr. Bill Nauck, designer presented this case to the Board. Mr. Nauck stated the Tucker’s would like to add a den to their home since their house is small and they need the additional space. Mr. Nauck also stated they have been approved by the Historic Commission. Mr. Nauck further explained the existing carport is closer to the line than the den will be when it’s complete. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Mr. George Barran moved to approve this variance request as submitted. Ms. Frances Tate seconded the motion. On a roll-call vote, the motion carried. CASE NO 13 Application and appeal of Sheron Pointer for a 3 foot front yard setback variance to Section 25-10 of the Zoning Ordinance to construct a front porch with columns at 1106 Trenton Dr SW, property located in a R-2 Single-Family Zoning District. Mr. Benny Pointer presented this case to the Board. Mr. Pointer stated he and his wife would like to construct a front porch with columns and needed a 3 foot variance to do so. Mr. Pointer also stated they have an easement in front of their home.

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Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department had no comment. Ms. Frances Tate moved to approve this variance request. Mr. Larry Waye seconded the motion. On a roll-call vote, the motion carried. CASE NO 14 Application and appeal of Underwood Associates Architecture for a 5 foot front yard setback variance to Section 25-21.1 of the Zoning Ordinance in order to construct a new entrance structure at 1701 6th Ave SE, property located in a M-1 Light Industry Zoning District. Mr. Fred Underwood presented this case to the Board. Mr. Underwood stated his clients wanted to build a structure with columns that would project 5 feet from the building and they are seeking a variance to do so. Mr. Underwood also stated the area in front of the building is not used for parking it is just dead space. Mr. Underwood further explained this addition would give the entrance some shelter and stand out in appearance. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department had no comment. Mr. George Barran moved to approve this variance request as submitted. Mr. Larry Waye seconded the motion. On a roll-call vote, the motion carried. CASE NO 15 Application and appeal of Steve Armstrong from an administrative decision by the Building Director to Section 25-2(1) that would allow an accessory structure in the side yard at 4845 Indian Hills Rd SE, property located in a R1-E Residential Estate Zoning District. Mr. Steve Armstrong presented this case to the Board. Mr. Armstrong stated he would like to construct a two car garage in his side yard because he has an elevation problem in his back yard. Mr. Armstrong also stated he has six acres and his house is located in the center of the six acres Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval because there is a hardship due to the elevation of the property. Mr. Greg Dobbs moved to approve this variance request as submitted. Mr. Larry Waye seconded the motion. On a roll-call vote, the motion carried.

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CASE NO 16 Application and appeal of Max R. Fisher for a use permitted on appeal to Section 25-11 of the Zoning Ordinance to be able to serve beer and wine in a food establishment at 324 2nd Ave SE, unit B, property located in a B-5 Central Business Zoning District. This case was dismissed due to failure of the applicant to appear before the Board and present their case. CASE NO 17 Application and appeal of B Cubed, LLC for a use permitted on appeal to Section 25-11 of the Zoning Ordinance to erect a restaurant next to Mellow Mushroom at 202 Moulton ST E, Suite C, property located in a B-5 Central Business Zoning District. Mr. George Barran recused himself from the voting on this case. Supernumerary Mike Harris sat in for the vote. Mr. George Barran with B Cubed, LLC presented this case to the Board. Mr. Barran stated they would like to construct a restaurant in a B-5 Zoning District in downtown Decatur next to the Mellow Mushroom restaurant. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval. Mr. Larry Waye moved to approve this variance request as submitted. Mr. Greg Dobbs seconded the motion. On a roll-call vote, the motion carried. After the voting was complete, both parties returned to their prior positions. CASE NO 18 Application and appeal of James Lee Pointer for a use permitted on appeal to Section 25-113 of the Zoning Ordinance to have a temporary seasonal business to sell produce in the parking lot at 1502 Moulton St W, property located in a M-1 Light Industry Zoning District. Mr. James Lee Pointer and Fred Fennell of 213 12th Ave NW presented this case to the Board. Mr. Pointer stated he would like to sell produce at the same address where he had prior approval. Mr. Pointer also stated he would like to renew his license. Mr. Sims stated the Building Department would recommend approval. Ms. Smith stated the Planning Department would recommend approval.

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Ms. Frances Tate moved to approve this use permitted on appeal request as submitted. Mr. Greg Dobbs seconded the motion. On a roll-call vote, the motion carried. CASE NO 19 Application and appeal of Eleven Inc for a variance from Section 25-80 of the Zoning Ordinance to be allowed to use an existing obsolete sign at 725 Beltline Rd SW, property located in a M-1A Expressway Commercial Zoning District. Mr. George Barran recused himself from the voting on this case. Supernumerary Mike Harris sat in for the vote. Mr. Ken Boustani representative for Honda of Decatur presented this case to the Board. Mr. Boustani stated they are leasing the Tony Moore property parking lot and would like to use an existing non-conforming sign that has not been used for more than ninety days. Mr. Boustani also stated there was another sign on the lot that was conforming and they would like to use both signs. Mr. Boustani also explained the city was saying Honda of Decatur could not continue to lease that area without bringing the sign into conformity or taking the sign down and further the owner does not want to take the sign down. After some discussion between the Board, Mr. Wally Terry, and Attorney Herman Marks, an agreement was reached stating the non-conforming sign could not be used and the city would in turn issue a regular Certificate of Occupancy for the parking lot in order to display cars for sell Mr. Kent Lawrence stated there was no case for the Board to vote on since an agreement was reached between the two parties. Mr. Larry Waye moved to withdrawn the request. Mr. Greg Dobbs seconded the motion. After the voting was complete, both parties returned to their prior positions. CASE NO 20 Application and appeal of Joel and Sara Denbo for a 23 foot rear yard setback variance to Section 25-10.8(2)(c) to construct an addition at 2115 Stratford Place SE, property located in a R-1 Single-Family Zoning District. Sara Denbo and architect Mark Goldman presented this case to the Board. Ms. Denbo stated they needed a 23 foot rear yard setback variance to construct a garage and addition. Ms. Denbo further stated her neighbor had no objections to her adding onto her house. Mr. Sims stated the Building Department would recommend approval Ms. Smith stated the Planning Department had no comment.

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Mr. George Barran moved to approve this variance request as submitted. Mr. Larry Waye seconded the motion. On a roll-call vote, the motion carried. The meeting adjourned at 5:05 _________________________ Chairman, Kent Lawrence

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AGENDA AUGUST 27, 2013 CASE NO 1 Application and appeal of Aryn McIntyre for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for an adoption consulting office at 2710 Summerwind Dr SE, property located in a R-2 Single-Family Zoning District. CASE NO 2 Application and appeal of Mashaila C. Green for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a cleaning service at 1309 Stuart Ave SW, property located in R-2 Single-Family Zoning District. CASE NO 3 Application and appeal of Alfred J. Keith III for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a health education company at 2001 Park Terrace SE, property located in a R-5 Single-Family Patio Home Zoning District. CASE NO 4 Application and appeal of James Kay for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a private investigation company at 2002 13th ST SE, property located in a R-2 Single-Family Zoning District. CASE NO 5 Application and appeal of Faustino Hernandez for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a landscaping business at 1713 Iris St SW, property located in a R-2 Single-Family Zoning District. CASE NO 6 Application and appeal of Raul de Quesada for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a lawn care business at 1503 Chestnut ST SE, property located in a R-3 Single-Family Zoning District.

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CASE NO 7 Application and appeal of Caudice Hayes for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a cleaning business at 2625 Buckingham Gate SW, property located in a R-2 Single-Family Zoning District. CASE NO 8 Application and appeal of Tristan Ross for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office for a janitorial business at 516 Carolyn ST SW, property located in a R-1 Single-Family Zoning District. Case 9 Application and appeal of Carolyn Cole for a determination as a use permitted on appeal as allowed in Section 25-10 and as defined in Article VI, as amended and adopted, of the Zoning Ordinance to have an administrative office at 1917 7th St SE, in order to deliver flowers to various grave sites. The property is located in a R-3 Single-Family Zoning District.

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CASE NO 1 2710 SUMMERWIND DR SE

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QUESTIONNAIRE

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LOCATION MAP 2710 SUMMERWIND DR SE

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CASE NO 2 1309 STUART AVE SW

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QUESTIONNAIE

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LOCATION MAP 1309 STUART AVE SW

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CASE NO 3 2001 PARK TERRACE SE

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QUESTIONNAIRE

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LOCATION MAP 2001 PARK TERRACE SE

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CASE NO 4 2002 13TH ST SE

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QUESTIONNAIRE

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LOCATION MAP 2002 13TH ST SE

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CASE NO 5 1713 IRIS ST SW

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QUESTIONNAIRE

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LOCATION MAP 1713 IRIS ST SW

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CASE NO 6 1503 CHESTNUT ST SE

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QUESTIONNAIRE

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LOCATION MAP 1503 CHESTNUT ST SE

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CASE NO 7 2625 BUCKINGHAM GATE SW

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QUESTIONNAIRE

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LOCATION MAP 2625 BUCKINGHAM GATE SW

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CASE NO 8 516 CAROLYN ST SW

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QUESTIONNAIRE

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LOCATION MAP 516 CAROLYN ST SW

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CASE NO 9 1917 7TH ST SE

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QUESTIONNAIRE

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LOCATION MAP 1917 7TH ST SE

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